Exposing California’s Dirty Secret

The Truth about Drift Gillnets off our Coast

Photo Credit: NOAA APRIL 2014 OCEANA | APRIL 2014 IN BRIEF Mile-long drift gillnets create deadly traps for ocean wildlife. These nets, meant for swordfish and thresher sharks, form dangerous underwater walls that entangle iconic ocean marine life. The entrapped animals cannot surface for air, so many eventually drown or become critically injured. After soaking in the ocean overnight, the nets are pulled from the water containing disturbing and unacceptably high numbers of dead and dying animals—including whales, dolphins, sea lions, sea turtles, A California sea lion drowned in a drift gillnet--along with a blue shark, visible in the background. numerous shark species and ©Tom Campbell/Marine Photobank many other ecologically and economically important fish. With cleaner gear types available and historic lows in fishery participation, it is time to revitalize the swordfish fishery by eliminating drift gillnets and replacing them with cleaner Over the past six years (May gear. 2007 to January 2013) the fishery discarded: THE ISSUE Drift gillnets operating off California take • 61% of all animals caught, including protected marine species as bycatch in high more than 41,000 common molas numbers. Despite decreasing fishing effort and (ocean sunfish) and hundreds of billfish measures taken to reduce the capture of marine • More than 6,500 sharks, amounting to mammals, on average the fishery continues to 44% of all sharks caught by the fishery kill approximately 100 dolphins, whales, seals, • 309 dolphins and sea lions per year (2007-2013). In addition, • 268 seal lions and seals there are intermittent observed endangered • 22 whales leatherback and loggerhead sea turtle takes. • 13 leatherback sea turtles Protected species incidentally injured and killed by this indiscriminate gear include the bottlenose Data from the NOAA Observer Program dolphin, long-beaked common dolphin, short- beaked common dolphin, northern right whale of the total catch (individuals, not weight) is dolphin, Pacific white-sided dolphin, California discarded.2 On average federal fisheries observers sea lion, Northern elephant seal, Risso’s dolphin, are on board this fleet only 15.6% of the time—a short-finned pilot whale, gray whale, humpback range of 12% to 19.5% (2007-2012)3. This level is whale, sperm whale, and minke whale.1 Other insufficient to manage the fishery effectively, and major notable species taken as bycatch include insufficient for accurately accounting for the take the common mola (ocean sunfish), blue shark, of rare species. In August 2013, the drift gillnet Pacific bonito, skipjack tuna, common thresher fishery was changed to Category I status under shark, opah, striped marlin, albacore tuna, bluefin the Marine Mammal Protection Act, a designation tuna, and salmon shark. In fact, on average 61% reserved for fisheries with frequent incidences of 2 death and injury to marine mammals. In fact, only 6 out of more than 230 U.S. fisheries fall under the egregious Category I status.

Due to concerns about bycatch, Washington State prohibits this fishing gear. In 2009, the Oregon Fish and Wildlife Commission rescinded all state drift gillnet permits, prohibiting Oregon fishermen from participating in the fishery. 599 Marine Mammals BYCATCH PER SWORDFISH: This fishery catches and throws back more marine life than it keeps. From 2007 to January 2013, one marine mammal was caught for every 17 swordfish landed, four molas were caught for every swordfish, and two sharks were discarded for every three swordfish landed. In 2011 for every five swordfish landed one marine mammal was killed and six fish including sharks and tunas were tossed overboard, clearly dead or dying.4 While Total estimated catch of marine mammals from May 2007 to onboard observers note some fish thrown January 2013 based on NOAA observer data and observer overboard are “alive” there is serious concern coverage about delayed, post-release mortality due to physiological and physical trauma induced by CONSERVATION MEASURES: net injuries. Some whales that escape with The Pacific Leatherback Conservation Area (PLCA) netting attached to their fluke or flippers was designated in 2001 to protect leatherback sea take on average up to six months to die as the turtles from drift gillnets by closing the area to attached net reduces the whales’ ability to dive this method of fishing annually from August 15 to and feed, and increases their susceptibility to November 15. The Pacific Loggerhead Conservation infection. Area was established in 2001 to protect loggerhead sea turtles that migrate into waters south of Pt. Conception during forecasted El Niño events. The INCIDENTAL TAKE LIMITS entire EEZ is closed to drift gillnets February 1 to April 30, and 75 miles off the California mainland is Species Observed take during closed to gillnets from June 1 to August 14.6 A depth a 5-year period restriction is also in place whereby the top of the nets must be set at a minimum of 36 feet below the Fin Whale 1 surface and acoustic pingers must be affixed to the Humpback Whale 1 nets to reduce marine mammal takes.

Sperm Whale up to 2 INCIDENTAL TAKE STATEMENT FOR ENDANGERED SPECIES7: Leatherback Turtle up to 2 The table on the left shows the incidental take Loggerhead Turtle up to 2 statement limits for Endangered Species Act-listed species taken in the drift gillnet fishery. If these Olive Ridley Turtle 1 limits are reached over any 5-year period, NMFS is required to reinitiate formal consultation under the Green Turtle 1 Endangered Species Act. 3 Estimated Catch and Discards in the CA Drift Gillnet Fishery for Swordfish/Thresher Sharks May 1, 2007 to January 31, 2013 Catch Discards Catch Discards Dolphins 309 309 Fish 71,736 46,288 Bottlenose Dolphin 8 8 Albacore 2,933 107

Long Beak Common Dolphin 21 21 Bay Pipefish 6 6

Northern Right Whale Dolphin 33 33 Blue Marlin 8 8

Pacific White-sided Dolphin 57 57 Bluefin Tuna 1,990 123

Risso’s Dolphin 13 13 Bullet Mackerel 821 576

Short Beak Common Dolphin 162 162 Common Mola 41,216 41,209

Unidentified Common Dolphin 15 15 Crestfish 8 1

Escolar 7 1 Pinnipeds 268 268 Humboldt Squid 8 1 California Sea Lion 261 261 Jack Mackerel 63 11

Northern Elephant Seal 7 7 Jumbo (Humboldt) Squid 28 22

Louvar 436 42 Whales* 22 22 Oarfish 6 6 Minke Whale 6 6 Opah 7,812 214

Sperm Whale 16 16 Pacific Bonito 1,354 910

Pacific Mackerel 1,963 1,447 Sharks and Rays 15,192 6,688 Pacific Pomfret 707 14 Bat Ray 7 7 Pacific Sardine 62 19 Bigeye Thresher Shark 335 167 Remora 35 35

Blue Shark 5,710 5,703 Skipjack Tuna 1,440 718

Common Thresher Shark 4,288 325 Striped Marlin 155 155

Hammerhead Shark 8 8 Swordfish 10,102 205

Longfin Mako Shark 38 1 Unidentified Billfish 8 8

Megamouth Shark 10 10 Unidentified Fish 42 42

Pacific Electric Ray 25 25 Unidentified Invertebrate 324 324

Pelagic Stingray 84 84 Unidentified Rockfish 8 8

Pelagic Thresher Shark 8 1 Unidentified Tuna 36 29

Salmon Shark 164 159 Yellowfin Tuna 128 46

Shortfin Mako Shark 4,474 167 Yellowtail 30 1 Smooth Hammerhead Shark 22 22 Leatherback Sea Turtles 13 13 Soupfin Shark 6 1 Spiny Dogfish 13 8 Grand Total 87,540 53,588

*Humpback whales and gray whales were also reported caught with drift gillnets, however, not by the observer program. Source: NMFS Observer Program, 2007-2013. All estimates based on number observed divided by annual observer coverage. All estimates rounded up to whole animals per NOAA Protected Resource Methodology. In 2010 one endangered sperm whale was observed killed and another was observed seriously injured in a drift gillnet off southern California, resulting in NMFS estimating a total of 16 endangered sperm whale takes in the drift gillnet fishery in that year alone. Photo Credit: ©Peter Allinson/Marine Photobank

TAKES OF ENDANGERED WHALES: temporary rule expired January 31, 2014 and to In 2010 the drift gillnet fishery seriously injured date, NMFS has not renewed the protection for and killed an estimated 16 endangered sperm these endangered whales. whales. In response, in September 2013 the National Marine Fisheries Service (NMFS) ABOUT THE FISHERY implemented temporary emergency regulations Large mesh drift gillnets are set at sunset and prohibiting drift gillnet fishermen from fishing retrieved at dawn to target swordfish and common in waters deeper than 2,012 meters (6,601 feet) thresher sharks. These nets are greater than one without 100% observer coverage and NMFS mile in length with a mesh size of ≥ 14 inches and set a hard cap of one sperm whale take (serious are set at a minimum of 36 feet below the ocean’s injury or mortality) that would close the fishery surface (gear is typically 1,800 meters in length in the event a sperm whale take is observed. with a stretched mesh size ranging from 18 to These emergency measures also require a vessel 22 inches).8 Fishermen also catch and sell other monitoring system on all drift gillnet vessels.5 The 5 Check out Oceana’s interactive map of this data: http://www.oceana.org/en/our-work/promote-responsible-fishing/bycatch/drift-gillnets/learn-act fish species including albacore tuna, bluefin tuna, THE SOLUTION skipjack tuna, opah, shortfin mako shark, and Existing regulations are insufficient to address louver. The swordfish drift gillnet fishery takes bycatch concerns and the drift gillnet fishery is place in federal waters, primarily off southern ultimately a declining industry, already phased California-but some effort occurs from Morro Bay out in many other coastal states across the west to Monterey Bay and further north9- with main and east coast as well as on the high seas and ports of operation in San Diego, Los Angeles area in the Mediterranean. It is time to remove the (e.g. San Pedro), Morro Bay, Santa Barbara, and “Walls of Death” from our California shoreline Monterey.10 The drift gillnet fishery operates from and move to cleaner fishing gears. Harpoons are a May 1 to January 31 with over 90% of the fishing proven gear type for catching swordfish without effort occurring from August 15 through January bycatch, which was the primary way swordfish 31.11 The federal Pacific Fishery Management were caught in California prior to the use of Council manages the fishery under the Highly drift gillnets. In 2012, there was a resurgence of Migratory Species Fishery Management Plan surface hook and line gear landings of swordfish, (federal HMS permits). The State of California which is also a currently legal sustainable gear. has a limited entry permit system and various state implemented area closures.12 In 2011 there The California Ocean Protection Council is also were 76 permits but only 19 active vessels; in 2012 funding ongoing research with buoy gear off there were 16 active vessels.13 California, which has been used to reduce bycatch in the Atlantic swordfish fishery. While some may VALUE OF THE FISHERY propose reopening pelagic longlining off the US The annual ex-vessel value of the fishery (the west coast, this gear would also have unacceptably amount of money that fishing vessels receive high bycatch, which is why California has for unprocessed fish) ranged from $512,000 to banned it for over 30 years. The sooner the $1,270,000 in recent years, comprising on average legislature acts, the stronger the incentives will less than one half of one percent of California’s be to innovate clean, sustainable fishing gear for total commercial fishing revenue. swordfish. The California legislature has the authority to do this through legislation in order to ensure a vibrant, healthy, sustainable marine ecosystem and ocean-based economy into the future.

Year # Vessels Swordfish Common Thresher Shortfin Mako Shark Tunas Total Shark

2009 46 $1,142,000 $61,000 $44,000 $18,000 $1,265,000 2010 27 $416,000 $51,000 $28,000 $17,000 $512,000 2011 19 $787,000 $59,000 $28,000 $91,000 $965,000 2012 16 $769,000 $71,000 $29,000 $51,000 $920,000

Table 2. Number of vessels 14 and commercial ex-vessel revenues (inflation adjusted, 2012, $USD) for the drift gillnet fishery, 2009-2012.15

7 OCEANA | APRIL 2014 REFERENCES

1 National Oceanic Atmospheric Administration (NOAA) Observer Program. Data Summaries and Reports, available at: http://www.westcoast.fisheries.noaa.gov/fisheries/ wc_observer_programs/sw_observer_program_info/data_summ_report_sw_observer_fish. html 2 Id. 3 NMFS 2013. Endangered Species Act Section 7 Consultation. Biological Consultation. Continued management of the drift gillnet fishery under the Fishery Management Plan for the U.S. West Coast Fisheries for Highly Migratory Species. NOAA/ NMFS. May 2, 2013. P. 18. 4 NOAA Observer Program, supra note 1. 5 78 Fed Reg. 54,548 (September 4, 2013). 6 NMFS 2013, supra note 3, at 15. 7 NMFS 2013, supra note 3, at 124-126. 8 Carretta, J.V., T. Price, D. Petersen, and R. Read. 2004. Estimates of Marine Mammal, Sea Turtle, and Seabird Mortality in the California Drift Gillnet Fishery for Swordfish and Thresher Shark, 1996-2002. Marine Fisheries Review 66(2) 21:30. 9 NMFS 2013, supra note 3, at 19 (see map). 10 PFMC 2012. Status of the U.S. West Coast Fisheries for Highly Migratory Species through 2011. Stock Assessment and Fishery Evaluation. September 2012. 11 Id. 12 Id. 13 NMFS 2013, supra note 3, at 9. 14 Id. 15 PFMC 2013, Status of the U.S. West Coast Highly Migratory Species Fisheries through 2012. Stock Assessment and Fishery Evaluation Report. http://www.pcouncil.org/highly- migratory-species/stock-assessment-and-fishery-evaluationsafe-documents/current-hms- safedocument/

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